Ordered that on the Court's own motion, the appellant's notice of appeal is also treated as an application for leave to appeal from that part of the order which set the matter down for trial, and leave to appeal is granted (see, CPLR 5701 [c]); and it is further,
Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the respondent is awarded one bill of costs.
The plaintiff and the defendant are owners...
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